Filed: Jun. 21, 2018
Latest Update: Jun. 21, 2018
Summary: ORDER ADOPTING SPECIAL MASTER'S REPORT CONSTRUING PATENT CLAIM TERMS LAURIE J. MICHELSON , District Judge . Plaintiff Lear Corporation holds five patents generally directed to headrests that move upon a front or rear impact to a vehicle. Lear claims that Defendant NHK Seating of America makes or sells products (or aids others in making and selling products) that are covered by some of the claims of these five patents. In particular, Lear asserts that NSA is liable for directly or indirectly
Summary: ORDER ADOPTING SPECIAL MASTER'S REPORT CONSTRUING PATENT CLAIM TERMS LAURIE J. MICHELSON , District Judge . Plaintiff Lear Corporation holds five patents generally directed to headrests that move upon a front or rear impact to a vehicle. Lear claims that Defendant NHK Seating of America makes or sells products (or aids others in making and selling products) that are covered by some of the claims of these five patents. In particular, Lear asserts that NSA is liable for directly or indirectly ..
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ORDER ADOPTING SPECIAL MASTER'S REPORT CONSTRUING PATENT CLAIM TERMS
LAURIE J. MICHELSON, District Judge.
Plaintiff Lear Corporation holds five patents generally directed to headrests that move upon a front or rear impact to a vehicle. Lear claims that Defendant NHK Seating of America makes or sells products (or aids others in making and selling products) that are covered by some of the claims of these five patents. In particular, Lear asserts that NSA is liable for directly or indirectly infringing claims 14, 45, 49, 57, 62, 86, 90, and 94 of U.S. Patent No. 5,378,043; claim 15 of U.S. Patent No. 6,655,733; claims 4 and 17 of U.S. Patent No. 6,631,949; claims 1, 4, 5, 18, and 19 of U.S. Patent No. 7,455,357; and claim 2 of U.S. Patent No. 8,434,818.
Like most patent cases, Lear and NSA dispute the scope of the claims. NSA reads certain claims more narrowly than Lear does (or, depending on perspective, Lear reads them more broadly than NSA). In all, the parties disputed 15 claim terms (with one of the terms appearing in four patents).
Given the considerable number of claim terms that the parties asked this Court to construe, and that the terms were spread across five patents (with their own prosecution histories), the Court believed that the interpretative task would be considerably expedited if it were referred to a special master for recommended construction. The parties selected Retired U.S. Court of Claims Judge James F. Davis. (PageID.1213.) The Court contemplated that after Judge Davis issued his report and recommendation, each party would ask this Court to re-construe up to five terms, and, for purposes of preserving issues for appeal, would object to any number of his constructions. (PageID.2986.)
On April 23, 2018, Judge Davis issued his report. (PageID.3358-3384.) Lear did not object to any of the proposed constructions. And while NSA did object, NSA did not specify the five terms that it wanted the Court to re-construe. Instead, for the reasons stated in its claim-construction briefing and at the hearing, NSA objected "to each and every claim construction that [did] not comport with [its] claim constructions" and "reserve[d] its right to appeal any construction that the Court adopts from the Special Master Report . . . that differs from [its] claim construction." (PageID.3389.)
The Court, in addition to conducting the claim construction hearing, has reviewed all of the parties' briefing and Judge Davis' report. Having done so, the Court ADOPTS Judge Davis' constructions (save for one claim phrase that NSA indicated does not require construction). The Court's constructions are set forth in the attached chart.
SO ORDERED.
Claim Language Lear's Proposed NSA's Proposed Court's Construction
Construction Construction
"a seatback frame" ('043, '818, Plain meaning applies and no "A rigid body structure that "A rigid structure that supports
'949, '357 patents) construction is necessary. substantially surrounds the the seatback."
perimeter of the seatback to
In the event that a construction provide structural support for
is deemed appropriate, "A rigid the seatback."
structure that supports the
seatback."
'043 patent (January 3, 1995)
"seatback frame is shaped as an Plain meaning applies and no "Seatback frame has two side "seatback frame is shaped as an
inverted `U'" ('043 patent) construction is necessary. members connected at the top inverted U having two risers or
by a cross member, but sides joined by a cross frame
unconnected at the bottom." member"
"a bushing" ('043 patent) "A liner or sleeve used to limit "A lining for an opening used to "a lining for an opening to resist
the size of an opening, resist limit the size of the opening, abrasion or serve as a guide"
abrasion, or serve as a guide." resist abrasion, or serve as a
guide."
"post" ('043 patent) Plain meaning applies and no "An extension, pillar, or leg No construction is necessary.
construction is necessary. that extends downwardly from
the headrest."
"seatback frame comprises . . . Plain meaning applies and no "the cross [frame] member is a No construction is necessary.
a cross [frame] member" ('043 construction is necessary. part of the seatback frame, and
patent) is a member that crosses from
one side of the frame to the
other"
'949 patent (October 14, 2003)
"a headrest arrangement "The headrest arrangement "Headrest extension has either "The headrest arrangement
including a headrest and a includes: a headrest, a headrest a guide member or a follower includes: a headrest, a headrest
headrest extension, the headrest extension having one of a guide and has an impact target." extension having one of a guide
extension having one of a guide member and a follower, and an member and a follower, and an
member and a follower and an impact target." impact target"
impact target located below the
one of a guide member and a
follower" ('949 patent)
'733 patent (December 2, 2003)
"upon impact to the vehicle one Plain meaning should apply and "Deployment will occur when a "upon impact to the vehicle,
of a rearward load by the no construction is necessary. rearward load by the occupant either a rearward load by the
occupant upon the impact target is applied to the impact target. occupant upon the impact target
and the forward inertia of the In the event that a construction Deployment will also be caused or the forward inertia of the
headrest irrespective of is deemed appropriate, "Upon by forward inertia of the headrest, will cause the
whether occupant is in contact impact to the vehicle, either a headrest irrespective of headrest to move so as to
with the seatback will cause the rearward load by the occupant whether occupant is in contact support a head of an occupant"
follower to engage the upon the impact target or the with the seatback"
guideway in such a manner as forward inertia of the headrest
to cause the headrest to move in will cause the follower to
a manner so as to support a head engage the guideway in such a
of an occupant" ('733 patent) manner as to cause the headrest
to move so as to support a head
of an occupant."
"a seatback" ('733 patent) Plain meaning applies and no "Substantially vertical portion No construction is necessary.
construction is necessary. of a seat structure, separate
from the headrest arrangement, (Although the parties initially
that supports the back of the disputed the meaning of this
occupant." term, NSA subsequently
withdrew its request for
construction of this term.)
'357 Patent (November 25, 2008)
"bar" ('357 patent) Plain meaning applies and no "An elongated rigid rod." No construction separate from
construction is necessary construction of "link" and
because the word "bar" does "four-bar mechanism"
not appear in the claim outside
of the claim term "four-bar
mechanism," construed below.
If the Court decides a
construction is necessary, Lear
proposes that "bar" be
construed to encompass at least
"any suitable component, such
as a metal wire or rod, a
stamping, a molded or cast
component."
"link" ('357 patent) "Any suitable component, such "A rigid member used for "Any suitable component, such
as such as a metal wire or rod, a connecting two structures." as a metal wire or rod, a
stamping, a molded or cast stamping, a molded or cast
component" component"
"four-bar mechanism" ('357 "A mechanism that includes "Four rigid bars pivotally "A mechanism that includes
patent) four connected bars or links for connected to each other to form four connected bars or links for
transferring force" a closed loop and to move in transferring force"
parallel planes."
'818 patent (May 7, 2013)
"lower cross member" ('818 Plain meaning applies and no "A horizontal member that "A horizontal member that
patent) construction is necessary. crosses the seatback from one extends between the two side
side to the other side of the frame members at or near the
frame at or near the bottom of bottom of the frame."
the frame."
"cross bar" ('818 patent) Plain meaning applies and no "A horizontal bar that crosses No construction is necessary.
construction is necessary. the seatback from one side to
the other side of the frame." (Although the parties initially
In the event that a construction disputed the meaning of this
is deemed appropriate, "A term, NSA subsequently
horizontal member of upper withdrew its request for
armature." construction of this term.
(PageID.2966)).
"predetermined force" ('818 Plain meaning applies and no A force determined before No construction is necessary.
patent) construction is necessary. being applied.
(Although the parties initially
disputed the meaning of this
term, NSA subsequently
withdrew its request for
construction of this term.)
"transfer member" ('818 Plain meaning applies and no Subject to 35 U.S.C. § 112, 6th "transfer member" is not
patent) construction is necessary. Paragraph subject to 35 U.S.C. § 112, ¶ 6.
The recited function is to "to
move and act upon the upper
armature and to slide the
transverse bar along the cam
surface in response to a
predetermined force applied to
the impact body to move the
head restraint toward the
occupant."
The structure disclosed in the
specification that performs this
function is a linking rod 122
that links the upper armature
and the lower armature with a
straight leading portion that
extends above an upper
armature and a bend located
below the leading portion so as
to allow some play in the
movement of the impact plate.
